Constitution of the Republic of Malawi 1994, as amended to 2020
Jurisdiction and Access
  • English
    1. Appropriate principles of interpretation of this Constitution shall be developed and employed by the courts to reflect the unique character and supreme status of this Constitution.
    2. In interpreting the provisions of this Constitution a court of law shall—
    a. promote the values which underlie an open and democratic society;
    b. take full account of the provisions of Chapter III and Chapter IV2; and
    c. where applicable, have regard to current norms of public international law and comparable foreign case law.
    3. Where a court of law declares an act of executive or a law to be invalid, that court may apply such interpretation of that act or law as is consistent with this Constitution.
    4. Any law that ousts or purports to oust the jurisdiction of the courts to entertain matters pertaining to this Constitution shall be invalid. (Sec. 11)
Jurisdiction and Access
  • English
    ...
    2. The High Court shall have original jurisdiction to review any law, and any action or decision of the Government, for conformity with this Constitution, save as otherwise provided by this Constitution and shall have such other jurisdiction and powers as may be conferred on it by this Constitution or any other law. (Sec. 108)
Jurisdiction and Access
  • English
    The Law Commission shall have the powers—
    a. to review and make recommendations regarding any matter pertaining to the laws of Malawi and their conformity with this Constitution and applicable international law;
    b. to review and make recommendations regarding any matter pertaining to this Constitution;
    c. to receive any submissions from any person or body regarding the laws of Malawi or this Constitution; and
    d. to report its findings and recommendations to the Minister for the time being responsible for Justice who shall publish any such report and lay it before Parliament. (Sec. 135)
Links to all sites last visited 8 November 2023
2
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
3
Chapter IV on Human Rights.
4
Chapter IV on Human Rights.
5
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
6
Chapter IV on Human Rights.
7
Chapter IV on Human Rights.
8
Chapter IV on Human Rights.
9
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
10
Chapter IV on Human Rights.